Agency Information Collection Activities Under OMB Review, 68600-68602 [2024-19214]
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68600
Federal Register / Vol. 89, No. 166 / Tuesday, August 27, 2024 / Notices
relevant subsistence uses of marine
mammals are implicated by this action,
and; (5) appropriate monitoring and
reporting requirements are included.
ddrumheller on DSK120RN23PROD with NOTICES1
National Environmental Policy Act
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (incidental
take authorizations with no anticipated
serious injury or mortality) of the
Companion Manual for NOAA
Administrative Order 216–6A, which do
not individually or cumulatively have
the potential for significant impacts on
the quality of the human environment
and for which we have not identified
any extraordinary circumstances that
would preclude this categorical
exclusion. Accordingly, NMFS
determined that the issuance of the
initial IHA qualified to be categorically
excluded from further NEPA review.
NMFS has determined that the
application of this categorical exclusion
remains appropriate for this renewal
IHA.
Endangered Species Act
Section 7(a)(2) of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et
seq.) requires that each Federal agency
insure that any action it authorizes,
funds, or carries out is not likely to
jeopardize the continued existence of
any endangered or threatened species or
result in the destruction or adverse
modification of designated critical
habitat. To ensure ESA compliance for
the issuance of IHAs, NMFS consults
internally whenever we propose to
authorize take for endangered or
threatened species.
NMFS’ Office of Protected Resources
has authorized take of four species of
marine mammals that are listed under
the ESA (i.e., North Atlantic Right
Whale, fin whale, sei whale, and sperm
whale) and has determined these
activities fall within the scope of
activities analyzed in the NMFS GARFO
programmatic consultation regarding
geophysical surveys along the U.S.
Atlantic coast in the three Atlantic
Renewable Energy Regions (completed
June 29, 2021; revised September 2021).
The Renewal IHA neither provides new
information about the effects of the
action nor change the extent of effects
of the action or any other basis to
require reinitiation of consultation with
NMFS GARFO. Therefore, the ESA
consultation has been satisfied for the
initial IHA and remains valid for the
Renewal IHA.
Renewal IHA
NMFS has issued a renewal IHA to
IWO for conducting marine site
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17:14 Aug 26, 2024
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characterization with HRG surveys off
the coast of New York and New Jersey
in the New York Bight in BOEM Lease
Area OCS–A 0542 and the associated
Export ECR Area from August 21, 2024
through July 30, 2025.
Dated: August 22, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2024–19219 Filed 8–26–24; 8:45 am]
BILLING CODE 3510–22–P
COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities Under OMB Review
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995
(‘‘PRA’’), this notice announces that the
Information Collection Request (‘‘ICR’’)
abstracted below has been forwarded to
the Office of Management and Budget
(‘‘OMB’’) for review and comment. The
ICR describes the nature of the
information collection and its expected
costs and burden.
DATES: Comments must be submitted on
or before September 26, 2024.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of this
notice’s publication to OIRA, at https://
www.reginfo.gov/public/do/PRAMain.
Please find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the website’s
search function. Comments can be
entered electronically by clicking on the
‘‘comment’’ button next to the
information collection on the ‘‘OIRA
Information Collections Under Review’’
page, or the ‘‘View ICR—Agency
Submission’’ page. A copy of the
supporting statement for the collection
of information discussed herein may be
obtained by visiting https://
www.reginfo.gov/public/do/PRAMain.
In addition to the submission of
comments to https://Reginfo.gov as
indicated above, a copy of all comments
submitted to OIRA may also be
submitted to the Commodity Futures
Trading Commission (the
‘‘Commission’’ or ‘‘CFTC’’) by clicking
on the ‘‘Submit Comment’’ box next to
the descriptive entry for OMB Control
No. 3038–0095, at https://
SUMMARY:
PO 00000
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comments.cftc.gov/FederalRegister/
PublicInfo.aspx.
Or by either of the following methods:
• Mail: Christopher Kirkpatrick,
Secretary of the Commission,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW, Washington, DC
20581.
• Hand Delivery/Courier: Same as
Mail above.
All comments must be submitted in
English, or if not, accompanied by an
English translation. Comments
submitted to the Commission should
include only information that you wish
to make available publicly. If you wish
the Commission to consider information
that you believe is exempt from
disclosure under the Freedom of
Information Act, a petition for
confidential treatment of the exempt
information may be submitted according
to the procedures established in § 145.9
of the Commission’s regulations. The
Commission reserves the right, but shall
have no obligation, to review, prescreen,
filter, redact, refuse or remove any or all
of your submission from https://
www.cftc.gov that it may deem to be
inappropriate for publication, such as
obscene language. All submissions that
have been redacted or removed that
contain comments on the merits of the
ICR will be retained in the public
comment file and will be considered as
required under the Administrative
Procedure Act and other applicable
laws, and may be accessible under the
Freedom of Information Act.
FOR FURTHER INFORMATION CONTACT:
Robert B. Wasserman, Chief Counsel
and Senior Advisor, Division of Clearing
and Risk, Commodity Futures Trading
Commission, (202) 418–5092; email:
rwasserman@cftc.gov, and refer to OMB
Control No. 3038–0021.
SUPPLEMENTARY INFORMATION:
Title: Regulations Governing
Bankruptcies of Commodity Brokers
(OMB Control No. 3038–0021). This is
a request for an extension of a currently
approved information collection.1
1 There are two information collections associated
with OMB Control No. 3038–0021. The first
includes the reporting, recordkeeping, and third
party disclosure requirements applicable to a single
respondent in a commodity broker liquidation (e.g.,
a single commodity broker or a single trustee)
within the relevant time period provided for in
Commission regulations 190.02(b)(1), 190.02(b)(2),
190.02(c)(1), 190.02(c)(2), 190.02(c)(4), 190.05(b),
190.05(d), 190.07(b)(5), 190.12(a)(2), 190.12(b)(1),
190.12(b)(2), 190.12(c)(1), 190.12(c)(2), and
190.14(a), and 190.14(d). The second information
collection includes third party disclosure
requirements that are applicable on a regular basis
to multiple respondents (i.e., multiple FCMs)
provided for in Commission regulations 1.41, 1.43
and 1.55(p).
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ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 166 / Tuesday, August 27, 2024 / Notices
Abstract: This collection of
information involves the reporting,
recordkeeping, and third-party
disclosure requirements set forth in the
CFTC’s bankruptcy regulations for
commodity broker liquidations, 17 CFR
part 190. These regulations apply to
commodity broker liquidations under
Chapter 7, Subchapter IV of the
Bankruptcy Code.2
The reporting requirements include,
for example, notices to the Commission
regarding the filing of petitions for
bankruptcy and notices to the
Commission regarding the intention to
transfer open commodity contracts in a
commodity broker liquidation. The
recordkeeping requirements include, for
example, the statements of customer
accounts that a trustee appointed for the
purposes of a commodity broker
liquidation (Trustee) must generate and
adjust as set forth in the regulations.
The third party disclosure requirements
include, for example, the disclosure
statement that a commodity broker must
provide to its customers containing
information regarding the manner in
which customer property is treated
under part 190 of the Commission’s
regulations in the event of a bankruptcy
and, in the event of a commodity broker
liquidation, certain notices that a
Trustee must provide to customers and
to the persons to whom commodity
contracts and specifically identifiable
customer property have been or will be
transferred. The information collection
requirements are necessary, and will be
used, to facilitate the effective, efficient,
and fair conduct of liquidation
proceedings for commodity brokers and
to protect the interests of customers in
these proceedings both directly and by
facilitating the participation of the CFTC
in such proceedings.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
number. On June 17, 2024, the
Commission published in the Federal
Register notice of the proposed
extension of this information collection
and provided 60 days for public
comment on the proposed extension, 89
FR 51315, June 17, 2024 (‘‘60-Day
Notice’’). The Commission did not
receive any relevant comments.
Accordingly, the Commission is
retaining the burden estimates set forth
in the 60-Day Notice.
Burden Statement: The Commission
notes that commodity broker
liquidations occur at unpredictable and
irregular intervals when particular
commodity brokers become insolvent.
2 11
U.S.C. 761 et seq.
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While a commodity broker liquidation
has not occurred in the past three years,
the Commission took the conservative
approach of maintaining the
assumptions contained in the previous
renewal of this information collection
that, on average, a Futures Commission
Merchant (‘‘FCM’’) commodity broker
liquidation would occur every three
years and that a Derivatives Clearing
Organization (‘‘DCO’’) commodity
broker liquidation would occur every
fifty years. The Commission generally
has retained the burden hour estimates
set forth in the previous information
collection as there have been no interim
experiences nor are there currently
apparent circumstances that would
warrant altering those estimates. The
Commission further notes, however,
that the information collection burden
will vary in particular commodity
broker liquidations depending on the
size of the commodity broker, the extent
to which accounts are able to be quickly
transferred, and other factors specific to
the circumstances of the liquidation.
The respondent burden for this
information collection is estimated to be
as follows: 3
• Reporting—FCMs: 4
Estimated Number of Respondents: 1.
Estimated Annual Number of
Responses per Respondent: 1.
Estimated Total Annual Number of
Responses: 1.
Estimated Annual Number of Burden
Hours per Respondent: 1.
Estimated Total Annual Burden
Hours: 1.
Type of Respondents: FCM
commodity brokers who have filed a
petition in bankruptcy, Trustees.
Frequency of Collection: On occasion.
• Recordkeeping—FCMs: 5
Estimated Number of Respondents: 1.
Estimated Annual Number of
Responses per Respondent: 26,666.67.
Estimated Total Annual Number of
Responses: 26,666.67.
Estimated Annual Number of Burden
Hours per Respondent: 266.67.
Estimated Total Annual Burden
Hours: 266.67.
Type of Respondents: Trustees.
Frequency of Collection: Only during
the pendency of an FCM bankruptcy:
daily and on occasion.
3 Because an FCM commodity broker liquidation
is estimated to occur only once every three years,
this information collection expresses such burdens
in terms of those that would be imposed on one
respondent during the three-year period.
4 The reporting requirements for FCMs are
contained in Commission regulations 190.03(b)(1)
and 190.03(b)(2).
5 The recordkeeping requirements for FCMs are
contained in Commission regulations 190.05(b) and
190.05(d).
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68601
• Third Party Disclosures Applicable to
a Single Respondent—FCMs: 6
Estimated Number of Respondents: 1.
Estimated Annual Number of
Responses per Respondent: 10,003.32.
Estimated Total Annual Number of
Responses: 10,003.32.
Estimated Annual Number of Burden
Hours per Respondent: 1,336.66.
Estimated Total Annual Burden
Hours: 1,336.66.
Type of Respondents: Trustees.
Frequency of Collection: On occasion.
• Reporting—DCOs: 7
Estimated Number of Respondents: 8
1.
Estimated Annual Number of
Responses per Respondent: 1.
Estimated Total Annual Number of
Responses: 1.
Estimated Annual Number of Burden
Hours per Respondent: 2.98.
Estimated Total Annual Burden
Hours: 0.61.
Type of Respondents: DCO
commodity brokers who have filed a
petition in bankruptcy, Trustees.
Frequency of Collection: On occasion.
• Recordkeeping—DCOs: 9
Estimated Number of Respondents: 1.
Estimated Annual Number of
Responses per Respondent: 9.
Estimated Total Annual Number of
Responses: 9.
Estimated Annual Number of Burden
Hours per Respondent: 0.9.
Estimated Total Annual Burden
Hours: 0.9.
Type of Respondents: Trustees.
Frequency of Collection: Only during
the pendency of a DCO bankruptcy:
daily.
• Third Party Disclosures Applicable to
a Single Respondent—DCOs: 10
Estimated Number of Respondents: 1.
Estimated Annual Number of
Responses per Respondent: 9.
Estimated Total Annual Number of
Responses: 9.
Estimated Annual Number of Burden
Hours per Respondent: 0.9.
Estimated Total Annual Burden
Hours: 0.9.
6 These third party disclosure requirements are
contained in Commission regulations 190.03(c)(1),
190.03(c)(2), 190.02(c)(4), and 190.07(b)(5).
7 The reporting requirements for DCOs are
contained in Commission regulations 190.12(a)(2),
190.12(b)(1), 190.12(b)(2), 190.12(c)(1), and
190.12(c)(2).
8 Because a DCO commodity broker liquidation is
estimated to occur only once every fifty years, this
information collection expresses such burdens in
terms of those that would be imposed on one
respondent during the fifty-year period.
9 The recordkeeping requirements for DCOs are
contained in Commission regulation 190.14(d).
10 The third-party disclosure requirements for
DCOs are contained in Commission regulation
190.14(a).
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68602
Federal Register / Vol. 89, No. 166 / Tuesday, August 27, 2024 / Notices
Type of Respondents: Trustees.
Frequency of Collection: On occasion.
• Third Party Disclosures Applicable to
Multiple Respondents During
Business as Usual: 11
Estimated Number of Respondents:
125.
Estimated Annual Number of
Responses per Respondent: 3,000.
Estimated Total Annual Number of
Responses: 375,000.
Estimated Annual Number of Burden
Hours per Respondent: 20.
Estimated Total Annual Burden
Hours: 7,500.
Type of Respondents: FCMs.
Frequency of Collection: On occasion.
There are no new capital or start-up
or operations costs associated with this
information collection, nor are there any
maintenance costs associated with this
information collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: August 22, 2024.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2024–19214 Filed 8–26–24; 8:45 am]
BILLING CODE 6351–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
Sunshine Act Meeting
Wednesday, August 28,
2024—10 a.m.
PLACE: The meeting will be held
remotely, and in person at 4330 East
West Highway, Bethesda, Maryland,
20814.
STATUS: Commission Meeting—Open to
the Public.
MATTER TO BE CONSIDERED:
Briefing Matter: Draft Final Rule:
Safety Standard for Nursing Pillows.
To attend remotely, please use the
following link: https://cpsc.webex.com/
cpsc/j.php?MTID=mabf0fe06b00d0
be587a7423f84bc8cb1.
CONTACT PERSON FOR MORE INFORMATION:
Alberta E. Mills, Office of the Secretary,
U.S. Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD 20814, 301–504–7479
(Office) or 240–863–8938 (Cell).
ddrumheller on DSK120RN23PROD with NOTICES1
TIME AND DATE:
Dated: August 23, 2024.
Alberta E. Mills,
Commission Secretary.
[FR Doc. 2024–19325 Filed 8–23–24; 4:15 pm]
BILLING CODE P
11 The third-party disclosure requirements that
are applicable on a regular basis to multiple
respondents (i.e., multiple FCMs) are contained in
Commission regulations 1.41, 1.43 and 1.55(p).
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17:14 Aug 26, 2024
Jkt 262001
DEPARTMENT OF DEFENSE
Department of the Air Force
[Docket ID: USAF–2023–HQ–0015]
Submission for OMB Review;
Comment Request
Department of the Air Force,
Department of Defense (DoD).
ACTION: 30-Day information collection
notice.
AGENCY:
The DoD has submitted to the
Office of Management and Budget
(OMB) for clearance the following
proposal for collection of information
under the provisions of the Paperwork
Reduction Act.
DATES: Consideration will be given to all
comments received by September 26,
2024.
SUMMARY:
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Reginald Lucas, (571) 372–7574,
whs.mc-alex.esd.mbx.dd-dodinformation-collections@mail.mil.
SUPPLEMENTARY INFORMATION:
Title; Associated Form; and OMB
Number: Air Force ROTC Program and
Scholarship Application; OMB Control
Number 0701–0105.
Type of Request: Reinstatement with
change.
Number of Respondents: 12,600.
Responses per Respondent: 1.
Annual Responses: 12,600.
Average Burden per Response: 3
hours.
Annual Burden Hours: 37,800.
Needs and Uses: The information
collection requirement is necessary to
determine whether an applicant is
eligible to join the Air Force Reserve
Officer’s Training Corps (AF ROTC)
program and, if accepted, the
enrollment status of the applicant
within the program. Upon acceptance
into the program, the collected
information is used to establish personal
records for AF ROTC cadets. Eligibility
for membership cannot be determined if
this information is not collected.
Affected Public: Individuals or
households.
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
OMB Desk Officer: Ms. Jasmeet
Seehra.
ADDRESSES:
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You may also submit comments and
recommendations, identified by Docket
ID number and title, by the following
method:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name, Docket
ID number, and title for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
DOD Clearance Officer: Mr. Reginald
Lucas.
Requests for copies of the information
collection proposal should be sent to
Mr. Lucas at whs.mc-alex.esd.mbx.dddod-information-collections@mail.mil.
Dated: August 21, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2024–19209 Filed 8–26–24; 8:45 am]
BILLING CODE 6001–FR–P
DEPARTMENT OF DEFENSE
Department of the Air Force
Record of Decision for the
Environmental Impact Statement T–7A
Recapitalization at Columbus AFB, MS
Notice of availability of record
of decision.
ACTION:
On August 19, 2024, the
Department of the Air Force (DAF)
signed the Record of Decision (ROD) for
the T–7A Recapitalization at Columbus
AFB, MS, Environmental Impact
Statement.
ADDRESSES: Ms. Chinling Chen (AFCEC/
CIE), Headquarters AETC Public Affairs;
100 H East Street, Suite 4; Randolph
AFB, TX 78150. (210) 395–0979;
chinling.chen@us.af.mil.
SUPPLEMENTARY INFORMATION: The DAF
has decided to replace all T–38C aircraft
at Columbus AFB with up to 77 T–7A
aircraft and continue flying training
programs at Columbus AFB, MS.
The DAF decision documented in the
ROD was based on matters discussed in
the Final Environmental Impact
Statement, inputs from the public and
regulatory agencies, and other relevant
factors. The Final Environmental Impact
Statement was made available to the
public on May 3, 2024 through a Notice
of Availability in the Federal Register
SUMMARY:
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Agencies
[Federal Register Volume 89, Number 166 (Tuesday, August 27, 2024)]
[Notices]
[Pages 68600-68602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19214]
=======================================================================
-----------------------------------------------------------------------
COMMODITY FUTURES TRADING COMMISSION
Agency Information Collection Activities Under OMB Review
AGENCY: Commodity Futures Trading Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act of 1995
(``PRA''), this notice announces that the Information Collection
Request (``ICR'') abstracted below has been forwarded to the Office of
Management and Budget (``OMB'') for review and comment. The ICR
describes the nature of the information collection and its expected
costs and burden.
DATES: Comments must be submitted on or before September 26, 2024.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be submitted within 30 days of this
notice's publication to OIRA, at https://www.reginfo.gov/public/do/PRAMain. Please find this particular information collection by
selecting ``Currently under 30-day Review--Open for Public Comments''
or by using the website's search function. Comments can be entered
electronically by clicking on the ``comment'' button next to the
information collection on the ``OIRA Information Collections Under
Review'' page, or the ``View ICR--Agency Submission'' page. A copy of
the supporting statement for the collection of information discussed
herein may be obtained by visiting https://www.reginfo.gov/public/do/PRAMain.
In addition to the submission of comments to https://Reginfo.gov as
indicated above, a copy of all comments submitted to OIRA may also be
submitted to the Commodity Futures Trading Commission (the
``Commission'' or ``CFTC'') by clicking on the ``Submit Comment'' box
next to the descriptive entry for OMB Control No. 3038-0095, at https://comments.cftc.gov/FederalRegister/PublicInfo.aspx.
Or by either of the following methods:
Mail: Christopher Kirkpatrick, Secretary of the
Commission, Commodity Futures Trading Commission, Three Lafayette
Centre, 1155 21st Street NW, Washington, DC 20581.
Hand Delivery/Courier: Same as Mail above.
All comments must be submitted in English, or if not, accompanied
by an English translation. Comments submitted to the Commission should
include only information that you wish to make available publicly. If
you wish the Commission to consider information that you believe is
exempt from disclosure under the Freedom of Information Act, a petition
for confidential treatment of the exempt information may be submitted
according to the procedures established in Sec. 145.9 of the
Commission's regulations. The Commission reserves the right, but shall
have no obligation, to review, prescreen, filter, redact, refuse or
remove any or all of your submission from https://www.cftc.gov that it
may deem to be inappropriate for publication, such as obscene language.
All submissions that have been redacted or removed that contain
comments on the merits of the ICR will be retained in the public
comment file and will be considered as required under the
Administrative Procedure Act and other applicable laws, and may be
accessible under the Freedom of Information Act.
FOR FURTHER INFORMATION CONTACT: Robert B. Wasserman, Chief Counsel and
Senior Advisor, Division of Clearing and Risk, Commodity Futures
Trading Commission, (202) 418-5092; email: [email protected], and
refer to OMB Control No. 3038-0021.
SUPPLEMENTARY INFORMATION:
Title: Regulations Governing Bankruptcies of Commodity Brokers (OMB
Control No. 3038-0021). This is a request for an extension of a
currently approved information collection.\1\
---------------------------------------------------------------------------
\1\ There are two information collections associated with OMB
Control No. 3038-0021. The first includes the reporting,
recordkeeping, and third party disclosure requirements applicable to
a single respondent in a commodity broker liquidation (e.g., a
single commodity broker or a single trustee) within the relevant
time period provided for in Commission regulations 190.02(b)(1),
190.02(b)(2), 190.02(c)(1), 190.02(c)(2), 190.02(c)(4), 190.05(b),
190.05(d), 190.07(b)(5), 190.12(a)(2), 190.12(b)(1), 190.12(b)(2),
190.12(c)(1), 190.12(c)(2), and 190.14(a), and 190.14(d). The second
information collection includes third party disclosure requirements
that are applicable on a regular basis to multiple respondents
(i.e., multiple FCMs) provided for in Commission regulations 1.41,
1.43 and 1.55(p).
---------------------------------------------------------------------------
[[Page 68601]]
Abstract: This collection of information involves the reporting,
recordkeeping, and third-party disclosure requirements set forth in the
CFTC's bankruptcy regulations for commodity broker liquidations, 17 CFR
part 190. These regulations apply to commodity broker liquidations
under Chapter 7, Subchapter IV of the Bankruptcy Code.\2\
---------------------------------------------------------------------------
\2\ 11 U.S.C. 761 et seq.
---------------------------------------------------------------------------
The reporting requirements include, for example, notices to the
Commission regarding the filing of petitions for bankruptcy and notices
to the Commission regarding the intention to transfer open commodity
contracts in a commodity broker liquidation. The recordkeeping
requirements include, for example, the statements of customer accounts
that a trustee appointed for the purposes of a commodity broker
liquidation (Trustee) must generate and adjust as set forth in the
regulations. The third party disclosure requirements include, for
example, the disclosure statement that a commodity broker must provide
to its customers containing information regarding the manner in which
customer property is treated under part 190 of the Commission's
regulations in the event of a bankruptcy and, in the event of a
commodity broker liquidation, certain notices that a Trustee must
provide to customers and to the persons to whom commodity contracts and
specifically identifiable customer property have been or will be
transferred. The information collection requirements are necessary, and
will be used, to facilitate the effective, efficient, and fair conduct
of liquidation proceedings for commodity brokers and to protect the
interests of customers in these proceedings both directly and by
facilitating the participation of the CFTC in such proceedings.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB number. On June 17, 2024, the Commission published
in the Federal Register notice of the proposed extension of this
information collection and provided 60 days for public comment on the
proposed extension, 89 FR 51315, June 17, 2024 (``60-Day Notice''). The
Commission did not receive any relevant comments. Accordingly, the
Commission is retaining the burden estimates set forth in the 60-Day
Notice.
Burden Statement: The Commission notes that commodity broker
liquidations occur at unpredictable and irregular intervals when
particular commodity brokers become insolvent. While a commodity broker
liquidation has not occurred in the past three years, the Commission
took the conservative approach of maintaining the assumptions contained
in the previous renewal of this information collection that, on
average, a Futures Commission Merchant (``FCM'') commodity broker
liquidation would occur every three years and that a Derivatives
Clearing Organization (``DCO'') commodity broker liquidation would
occur every fifty years. The Commission generally has retained the
burden hour estimates set forth in the previous information collection
as there have been no interim experiences nor are there currently
apparent circumstances that would warrant altering those estimates. The
Commission further notes, however, that the information collection
burden will vary in particular commodity broker liquidations depending
on the size of the commodity broker, the extent to which accounts are
able to be quickly transferred, and other factors specific to the
circumstances of the liquidation.
The respondent burden for this information collection is estimated
to be as follows: \3\
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\3\ Because an FCM commodity broker liquidation is estimated to
occur only once every three years, this information collection
expresses such burdens in terms of those that would be imposed on
one respondent during the three-year period.
Reporting--FCMs: \4\
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\4\ The reporting requirements for FCMs are contained in
Commission regulations 190.03(b)(1) and 190.03(b)(2).
Estimated Number of Respondents: 1.
Estimated Annual Number of Responses per Respondent: 1.
Estimated Total Annual Number of Responses: 1.
Estimated Annual Number of Burden Hours per Respondent: 1.
Estimated Total Annual Burden Hours: 1.
Type of Respondents: FCM commodity brokers who have filed a
petition in bankruptcy, Trustees.
Frequency of Collection: On occasion.
Recordkeeping--FCMs: \5\
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\5\ The recordkeeping requirements for FCMs are contained in
Commission regulations 190.05(b) and 190.05(d).
Estimated Number of Respondents: 1.
Estimated Annual Number of Responses per Respondent: 26,666.67.
Estimated Total Annual Number of Responses: 26,666.67.
Estimated Annual Number of Burden Hours per Respondent: 266.67.
Estimated Total Annual Burden Hours: 266.67.
Type of Respondents: Trustees.
Frequency of Collection: Only during the pendency of an FCM
bankruptcy: daily and on occasion.
Third Party Disclosures Applicable to a Single Respondent--
FCMs: \6\
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\6\ These third party disclosure requirements are contained in
Commission regulations 190.03(c)(1), 190.03(c)(2), 190.02(c)(4), and
190.07(b)(5).
Estimated Number of Respondents: 1.
Estimated Annual Number of Responses per Respondent: 10,003.32.
Estimated Total Annual Number of Responses: 10,003.32.
Estimated Annual Number of Burden Hours per Respondent: 1,336.66.
Estimated Total Annual Burden Hours: 1,336.66.
Type of Respondents: Trustees.
Frequency of Collection: On occasion.
Reporting--DCOs: \7\
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\7\ The reporting requirements for DCOs are contained in
Commission regulations 190.12(a)(2), 190.12(b)(1), 190.12(b)(2),
190.12(c)(1), and 190.12(c)(2).
Estimated Number of Respondents: \8\ 1.
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\8\ Because a DCO commodity broker liquidation is estimated to
occur only once every fifty years, this information collection
expresses such burdens in terms of those that would be imposed on
one respondent during the fifty-year period.
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Estimated Annual Number of Responses per Respondent: 1.
Estimated Total Annual Number of Responses: 1.
Estimated Annual Number of Burden Hours per Respondent: 2.98.
Estimated Total Annual Burden Hours: 0.61.
Type of Respondents: DCO commodity brokers who have filed a
petition in bankruptcy, Trustees.
Frequency of Collection: On occasion.
Recordkeeping--DCOs: \9\
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\9\ The recordkeeping requirements for DCOs are contained in
Commission regulation 190.14(d).
Estimated Number of Respondents: 1.
Estimated Annual Number of Responses per Respondent: 9.
Estimated Total Annual Number of Responses: 9.
Estimated Annual Number of Burden Hours per Respondent: 0.9.
Estimated Total Annual Burden Hours: 0.9.
Type of Respondents: Trustees.
Frequency of Collection: Only during the pendency of a DCO
bankruptcy: daily.
Third Party Disclosures Applicable to a Single Respondent--
DCOs: \10\
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\10\ The third-party disclosure requirements for DCOs are
contained in Commission regulation 190.14(a).
Estimated Number of Respondents: 1.
Estimated Annual Number of Responses per Respondent: 9.
Estimated Total Annual Number of Responses: 9.
Estimated Annual Number of Burden Hours per Respondent: 0.9.
Estimated Total Annual Burden Hours: 0.9.
[[Page 68602]]
Type of Respondents: Trustees.
Frequency of Collection: On occasion.
Third Party Disclosures Applicable to Multiple Respondents
During Business as Usual: \11\
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\11\ The third-party disclosure requirements that are applicable
on a regular basis to multiple respondents (i.e., multiple FCMs) are
contained in Commission regulations 1.41, 1.43 and 1.55(p).
Estimated Number of Respondents: 125.
Estimated Annual Number of Responses per Respondent: 3,000.
Estimated Total Annual Number of Responses: 375,000.
Estimated Annual Number of Burden Hours per Respondent: 20.
Estimated Total Annual Burden Hours: 7,500.
Type of Respondents: FCMs.
Frequency of Collection: On occasion.
There are no new capital or start-up or operations costs associated
with this information collection, nor are there any maintenance costs
associated with this information collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: August 22, 2024.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2024-19214 Filed 8-26-24; 8:45 am]
BILLING CODE 6351-01-P